1784773 Ontario Inc. v. K-W Labour Association Inc.

1784773 Ontario Inc. v. K-W Labour Association Inc.

Because there was no direct evidence of economic loss or of any strange occurrences at the property, the motion judge correctly concluded there was no genuine issue for trial and dismissal on summary judgment was appropriate.

Source-derived case information.

Citation
2014 ONCA 288
Parties
Plaintiff (appellant): 1784773 Ontario Inc.; Defendant (respondent): K-W Labour Association Inc.; Defendant (respondent): Re/Max Twin City Realty Inc.; Defendant (respondent): Nick Jamal; Defendant (respondent): Citimax Realty Ltd.; Defendant (respondent): David Lemont
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
15 April 2014
Procedural Posture
Collection / Appeal From Summary Judgment Dismissal (superior Court of Justice)
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Haunted Property Stigma, Economic Loss, Evidence
Source Language
english
Civil Property Tort Procedural Law Summary Judgment Haunted Property Stigma Economic Loss Evidence

Source-derived case record

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Parties

1784773 Ontario Inc.

Plaintiff (appellant)

K-W Labour Association Inc.

Defendant (respondent)

Re/Max Twin City Realty Inc.

Defendant (respondent)

Nick Jamal

Defendant (respondent)

Citimax Realty Ltd.

Defendant (respondent)

David Lemont

Defendant (respondent)

Procedural Posture

Collection / Appeal From Summary Judgment Dismissal (superior Court of Justice)

Legal Issues

  1. 1 Whether the plaintiff adduced direct evidence of economic loss attributable to alleged stigma of a haunted property sufficient to defeat summary judgment
  2. 2 Whether absence of direct evidence of strange occurrences or observable harm justified dismissal on summary judgment

Ratio Decidendi

Because there was no direct evidence of economic loss or of any strange occurrences at the property, the motion judge correctly concluded there was no genuine issue for trial and dismissal on summary judgment was appropriate.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs fixed at $6,264.44 inclusive of disbursements and HST
  • Motion judge's summary judgment dismissal upheld